The relevant law that the problem involves: " labor law of People's Republic of China " the 25th regulation: “ laborer has one of following state, unit of choose and employ persons can remove labor contract:

(one) be notted agree with to add up to employ condition by the proof between probation;

(2) disobey work discipline badly to perhaps servantchoose a person for a job of unit regulations system;

" carry out about carrying out < of short duration of the repulsive worker that violate discipline sets state-operated company all right > the announcement of concerned problem " regulation: The enterprise should hold to education to give priority to to violating discipline worker, penalty is complementary principle, cogent do good idea to teach the job, help them correct an error, be taught to those courses or still disable after disciplinary sanction, can give according to repulsive regulation repulsive.

Case brief introduction: Time of worker Zhou Mou going to work sees a magazine be criticized by the factory director, zhou Mou wrote a self-criticism, express to correct an error. After this, similar case is not recurrent. The thing separates 3 months, clothing factory works with Zhou Mou not serious, go to work read a magazine, do not have proper understanding via education for, make remove the decision of week of some labor contract. What Zhou Mou and clothing factory sign is the labor contract that does not have fixed deadline. Judge cancel the decision of unit of choose and employ persons.

Remove labor contract is the action that party both sides stops labor to concern ahead of schedule lawfully. This case involves home remedy of unit of choose and employ persons to remove one of circumstances of labor contract, namely error sex is repulsive. Sex of so-called unpremeditated crime is repulsive, it is to show worker is working when certain and gross error existing in the process, unit of choose and employ persons has authority home remedy to remove labor contract. Labor law sets, laborer violates work discipline or system of regulations of unit of choose and employ persons badly, unit of choose and employ persons can remove labor contract. The key of this case is Zhou Mou whether serious ” disobeys “ unit regulations system, in the regulations system of clothing factory, stipulated worker time going to work forbids to read a book, if disobey discipline, light person critical education, the person that do not have repentant expression, give remove labor contract. Zhou Mou reads a magazine in working hours, violated the regulations system of clothing factory, clothing factory leader undertook critical education to Zhou Mou at this point, zhou Mou also wrote written self-criticism. End to be made to clothing factory remove when labor contract decides Zhou Mou, zhou Mou is not recurrent the act that violates rules and regulations in enterprise, zhou Mou's behavior was not formed violate regulations system badly, because clothing factory reads a magazine, remove with its labor contract, too severe, and the reason that remove is insufficient; Also do not accord with the concerned spirit of labor law at the same time, it is namely below the condition that discipline of work of unit of safeguard choose and employ persons and regulations system carry out smoothly, want to insist to teach the fundamental that give priority to, give a worker a penitentiary chance, in order to promote harmony of bilateral working relationship, healthy development. Previous12Next